Title 13, ENVIRONMENT

Sec. 2. A person may not obtain or renew a permit for a facility listed in section 1 of this chapter unless the facility is operated by an individual who is certified under this chapter. [Pre-1996 Recodification Citation: 13-7-10-1.2(b).] As added by P.L.1-1996, SEC.5.

Sec. 3. (a) The waste facility operator trust fund is established. The department shall deposit fees collected under this chapter in the fund. (b) Money in the fund shall be used for paying the expenses of the training and certification program described in this chapter. [Pre-199…

Sec. 4. The board may adopt rules under IC 4-22-2 and IC 13-14-9 to implement this chapter. The rules may include the following: (1) Requirements for certification that consider any training that is required by state rule or federal regulation. (2) Mandatory testing and retrainin…

Sec. 5. (a) The board shall establish by rule and cause to be collected fees for the following: (1) Examination of applicants for certification. (2) Issuance, renewal, or transfer of a certificate. (3) Restoration of an expired certificate when that action is authorized by law. (…

Sec. 6. (a) For the payment of fees under this chapter, the department shall accept any of the following: (1) Cash. (2) A draft. (3) A money order. (4) A cashier's, certified, or personal check. (5) An electronic fund transfer, if the department makes payment by this means availa…

Sec. 1. A person may not incinerate PCB in an incinerator unless the person holds a permit issued by the commissioner specifically authorizing the incineration of PCB in the incinerator. [Pre-1996 Recodification Citation: 13-7-16.5-9(b).] As added by P.L.1-1996, SEC.7. Amended by…

Sec. 1. (a) A person may not start: (1) construction of a confined feeding operation; or (2) expansion of a confined feeding operation that increases: (A) animal capacity; or (B) manure containment capacity; or (C) both; without obtaining the prior approval of the department. (b)…

Sec. 1.3. (a) A potential applicant may request a preapplication meeting with the department, which requires the following: (1) The potential applicant to submit the engineered designs of: (A) a manure treatment facility; (B) a control facility; or (C) an animal feeding structure…

Sec. 1.4. (a) Subject to subsection (b), an application for approval under section 1 of this chapter must include for each responsible party the disclosure statement referred to in subsection (c) if either or both of the following apply: (1) State or federal officials at any time…

Sec. 1.9. (a) This section applies: (1) to a confined feeding operation for which a person is required to submit an application for approval under section 1 of this chapter if an application for approval under section 1 of this chapter submitted with respect to the confined feedi…

Sec. 2. (a) An application for an approval under section 1 of this chapter must be submitted on a form provided by the department. An applicant must submit the completed application form to the department together with the following: (1) Plans and specifications for the design an…

Sec. 2.1. (a) The department: (1) shall make a determination on an application submitted under section 2 of this chapter not later than ninety (90) days after the date the department receives the completed application, including all required supplemental information, unless the d…

Sec. 2.2. (a) Not more than thirty (30) days after the completion of construction or expansion of a confined feeding operation, the applicant shall execute and send to the department an affidavit that affirms under penalties of perjury that the confined feeding operation: (1) was…

Sec. 2.4. (a) Except as provided in subsection (b), the department may not require an applicant that applies for approval under section 1 of this chapter for a facility that will contain solid manure produced from livestock on: (1) strawpack; or (2) dry pack bedding; to implement…

Sec. 2.5. The department may not require a person who has received an approval under section 1 of this chapter to update or make changes to an existing approved facility or structure as part of a new application if the new facility or structure does not impact the existing approv…

Sec. 2.6. The department shall establish a compliance and technical assistance program for owners and operators of confined feeding operations that may be administered by: (1) the department; (2) a state college or university; or (3) a contractor. As added by P.L.125-1997, SEC.8.…

Sec. 2.8. The department shall: (1) designate an employee as the point of contact for applicants and interested applicants to submit questions concerning the application process described in this chapter; and (2) distribute the designated employee's contact information to all ope…

Sec. 3. This chapter, including requirements established in a department approval under section 2 of this chapter, may be enforced under IC 13-30-3 or IC 13-14-2-6. [Pre-1996 Recodification Citation: 13-1-5.7-4.] As added by P.L.1-1996, SEC.8. Amended by P.L.125-1997, SEC.9.

Sec. 4. (a) The board may adopt rules under IC 4-22-2 and IC 13-14-9 and the department may adopt policies or statements under IC 13-14-1-11.5 that are necessary for the proper administration of this chapter. The rules, policies, or statements may concern construction, expansion,…

Sec. 4.5. (a) A person that installs an earthen berm at a manure storage facility shall do the following: (1) Stabilize the earthen berm with vegetation or alternative erosion control measures. (2) Maintain the earthern berm to allow for visual inspection for conditions that may …

Sec. 5. The department may seek injunctive relief under this chapter. [Pre-1996 Recodification Citation: 13-1-5.7-6.] As added by P.L.1-1996, SEC.8. Amended by P.L.125-1997, SEC.11.

Sec. 6. A person who violates this chapter is subject to the penalties imposed by the following: (1) IC 13-30-4. (2) IC 13-30-5. (3) IC 13-30-8. In addition, a person who violates this chapter may be subject to criminal prosecution under IC 13-30-10. [Pre-1996 Recodification Cita…

Sec. 1. (a) This chapter applies to composting (as defined in IC 13-11-2-38) of vegetative matter and other organic material. (b) This chapter does not apply to the following: (1) A person who conducts a composting operation on the person's property for vegetative matter and othe…

Sec. 10. The board may adopt rules under IC 4-22-2 and IC 13-14-9 to implement this chapter. [Pre-1996 Recodification Citation: 13-7-35-10.] As added by P.L.1-1996, SEC.10. Amended by P.L.133-2012, SEC.143.

Sec. 2. A person may operate a composting facility only if the person registers the composting facility with the department. [Pre-1996 Recodification Citation: 13-7-35-4.] As added by P.L.1-1996, SEC.10. Amended by P.L.199-2014, SEC.8.

Sec. 3. To register a composting facility with the department, a person must submit an application to the department that contains the following: (1) A: (A) legal description; and (B) topographic map; of the site on which the composting facility will be located. (2) A description…

Sec. 4. (a) Except as provided in sections 5 and 6 of this chapter, the active area of a composting facility may not be located within: (1) two hundred (200) feet of a well that supplies potable water; or (2) two hundred (200) feet of a residential structure that exists at the ti…

Sec. 5. A unit of local government may adopt an ordinance providing the distance required between the active area of a composting facility and an existing residence. An ordinance adopted under this section may not do any of the following: (1) Allow the active area of a composting…

Sec. 6. The active area of a composting facility may be located less than two hundred (200) feet from a residence if: (1) no unit of local government with jurisdiction over: (A) the residence; or (B) the composting facility; has adopted an ordinance under section 5 of this chapte…

Sec. 7. A person who operates a composting facility that must be registered under this chapter shall submit an annual report to the department: (1) before February 1 of each year; and (2) that indicates the volume of material processed by the composting facility during the preced…

Sec. 8. (a) The department shall approve an application for registration of a composting facility under this chapter or renewal of a registration if the applicant meets the requirements of this chapter and rules adopted by the board. (b) The department may deny an application for…

Sec. 9. Except as provided in IC 13-20-9-1, a person may not knowingly combine vegetative matter resulting from landscaping maintenance and land clearing projects that is intended for: (1) collection; and (2) disposal at a solid waste landfill; with another type of solid waste. […

Sec. 1. If a board finds that a refunding of outstanding bonds would: (1) be of benefit to the health and welfare of the district; and (2) comply with the purposes and provisions of this article; the board may authorize the issuance of bonds under IC 5-1-5 to refund outstanding b…

Sec. 23. (a) A: (1) certificate of environmental compatibility granted under: (A) IC 13-7-8.6 (before its repeal); or (B) this chapter (before the expiration of the sections of this chapter authorizing the hazardous waste facility site approval authority to grant certificates of …

Sec. 5. (a) This section does not apply to a person who applied for a certificate of environmental compatibility under IC 13-7-8.6 (before its repeal) before July 1, 1995. (b) A person who proposes to construct a hazardous waste disposal facility permitted under IC 13-22, a comme…

Sec. 1. A district may obtain money for the payment of the costs of the works or an improvement, enlargement, or extension of the works by the issuance of revenue bonds of the district. The principal and interest of the revenue bonds must be paid solely from the net revenues of t…

Sec. 10. The fund to finance the construction of any of the self-liquidating works authorized by this article may be obtained from a federal or state agency. [Pre-1996 Recodification Citation: 13-3-2-17(f) part.] As added by P.L.1-1996, SEC.16.

Sec. 11. An action to contest the validity of bonds issued under this article or IC 13-3-2 (before its repeal) must be brought not later than ten (10) days after the advertised sale date of the bonds. [Pre-1996 Recodification Citation: 13-3-2-17(f) part.] As added by P.L.1-1996, …

Sec. 12. Subject to an ordinance or trust indenture pertaining to outstanding bonds, additional bonds payable from the revenues of the works may be authorized and issued in accordance with this article for the purpose of improving, enlarging, or extending works acquired or constr…

Sec. 13. The board may secure the revenue bonds by a trust indenture by and between the district and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or outside Indiana. However, a trust indenture may not convey or mortgage a…

Sec. 14. The ordinance authorizing the revenue bonds and fixing the details of the revenue bonds may provide that the trust indenture contain reasonable and lawful provisions for protecting and enforcing the rights and remedies of the bondholders, including covenants setting fort…

Sec. 15. The ordinance may also provide that the works shall be contracted for, constructed, and paid for under the supervision and approval of consulting engineers employed or designated by the board and satisfactory to the original bond purchasers, successors, assigns, or nomin…

Sec. 16. The trust indenture may set forth the rights and remedies of the bondholders or trustee, restricting the individual right of action of bondholders as is customary in trust indentures securing bonds and debentures of corporations. [Pre-1996 Recodification Citation: 13-3-2…

Sec. 17. Unless this article otherwise provides, the board may provide by ordinance or in the trust indenture for the payment of: (1) the proceeds of the sale of the bonds; and (2) the revenues of the works; to the officer, board, or depository that the board determines for the c…

Sec. 18. (a) At or before the time of issuance of the revenue bonds, the board shall by ordinance create a sinking fund for the payment of the following: (1) The bonds. (2) The interest on the bonds. (3) The charges of banks or trust companies for making payment of the bonds or i…

Sec. 19. (a) The holder of revenue bonds or attached coupons and the trustee, if any, except to the extent the rights given may be restricted by the ordinance authorizing issuance of the bonds or by the trust indenture, may, by civil action, protect and enforce rights granted: (1…